MABRA v. TRANSPORT INSURANCE COMPANY

No. 17738.

474 S.W.2d 627 (1971)

Paul W. MABRA, Appellant, v. TRANSPORT INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 30, 1971.


Attorney(s) appearing for the Case

John E. Collins, Mullinax, Wells, Mauzy & Collins, Dallas, for appellant.

Jack Pew, Jr., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellee.


BATEMAN, Justice.

The only question before us in this workmen's compensation case is whether the trial court properly diminished the claimants recovery of benefits by 50 per cent on jury findings that a prior injury had contributed 50 per cent to the incapacity. We hold that it was not proper and reform the judgment accordingly.

The appellant Paul W. Mabra was injured on May 20, 1969 in the course and scope of his employment by Red Ball Motor Freight, Inc...

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